15A NCAC 07K .0103      MAINTENANCE AND REPAIR

(a)  "Maintenance and "repairs" are specifically excluded from the definition of "development" under the conditions and in the circumstances set out in G.S. 113A‑103(5)(b)(5). Individuals required to take such measures within an AEC shall contact the local CAMA representative for consultation before beginning work.

(b)  Beach bulldozing, defined as the process of moving natural beach material from any point seaward of the first line of stable vegetation, for the purpose of preventing damage to imminently threatened structures as defined in 15A NCAC 07H .0308(a), by the creation of protective sand dunes shall qualify for an exclusion under G.S. 113A‑103(5)(b)(5) subject to the following limitations:

(1)           The area where this activity is being performed must maintain a slope that follows the pre-emergency slope as closely as possible so as not to endanger the public or hinder the public's use of the beach. All mechanically disturbed areas shall be graded smooth of ruts and spoil berms that are perpendicular to the shoreline. The movement of material utilizing a bulldozer, front‑end loader, back hoe, scraper, or any type of earth moving or construction equipment shall not exceed one foot in depth measured from the surface elevation;

(2)           The activity shall not exceed the lateral bounds of the applicant's property without written permission of adjoining landowners;

(3)           Movement of material from seaward of the mean low water line shall not be permitted under this exemption;

(4)           The activity shall not increase erosion on neighboring properties and shall not have a significant adverse impact on natural or cultural resources; and

(5)           The activity may be undertaken to protect threatened on‑site waste disposal systems as well as the threatened structure's foundations.

(c)  Redistribution of sand that results from storm overwash or aeolian transport around buildings, pools, roads, parking areas and associated structures is considered maintenance so long as the sand remains within the Ocean Hazard AEC. Individuals proposing such activities shall consult with the Division of Coastal Management or the local permit officer to determine whether the proposed activity qualifies for the exclusion under G.S. 113A‑103(5)(b)(5).

History Note:        Authority G.S. 113A‑103(5)(b)(5); 113A‑118(a);

Eff. November 1, 1984;

Amended Eff. March 1, 1985;

RRC Objection Eff. January 18, 1996 due to ambiguity;

Amended Eff. February 1, 2019; March 1, 1996;

Readopted Eff. November 1, 2021.